dismissed
H-1B
dismissed H-1B Case: Software Development
Decision Summary
The appeal was summarily dismissed because the Petitioner failed to submit a brief or additional evidence in support of the appeal. The Petitioner did not identify any specific erroneous conclusion of law or statement of fact in the Director's decision, as required by regulation.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Fact Summary Dismissal
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U.S. Citizenship and Immigration Services MATTER OF A- INC. Non-Precedent Decision of the Administrative Appeals Office DATE: DEC. 27. 2017 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129. PETITION FOR A NONIMMIGRANT WORKER The Petitioner. software development and consulting company, seeks to temporarily employ the Beneficiary with a job title it describes as ··Quality Assurance .. under the H-1 B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act section 101(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1 B program allows a U.S. employer to temporarily employ a qualified foreign \Vorker in a position that requires both (a) the theoretical and practical application of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. The Director of the California Service Center denied the petition. The matter is now before us on appeal. Upon review. we will summarily dismiss the appeal. An otlicer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically an erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. § 103.3(a)(l)(v). The Petitioner did not provide a statement in support of the appeal that specifically identifies an erroneous conclusion of law or statement of fact in the decision being appealed. On the Form 1-2908. Notice of Appeal or Motion. the Petitioner stated that a brief or additional evidence \\ould be submitted within 30 days of the .June 12. 2017. filing date. Ilowever. we have not received anything further from the Petitioner to date. Because the Petitioner has not identified a specific. erroneous conclusion of law or statement of fact in the Director's decision below. the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ~ 1 03.3(a)( 1 )(v). Cite as Matter r~/A-lnc .. ID# 862895 (AAO Dec. 27. 2017)
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